Astro’s satellite broadcast has exclusive rights till Feb 2017

December 1, 2015

This exclusive right was granted by the Government of Malaysia to MBNS in 1997.

KUALA
LUMPUR: The government has extended exclusive satellite broadcasting
rights to MEASAT Broadcast Network Systems (Malaysia) Sdn Bhd (MBNS) up
to February 28, 2017, said the Communications and Multimedia Ministry.

It said in a written reply circulated in the Dewan Rakyat that the
right was maintained for the Astro operator based on the ‘no worse off’
principle during the migration from the Broadcast Licence to the Content
Applications Service Provider Individual Licence.

“This exclusive right was granted by the Government of Malaysia to
MBNS in 1997 before the migration of MBNS from the Broadcast Licence
under the Broadcasting Act 1988 to the new regime under the
Communications and Multimedia Act 1998.

“MBNS can continue with the pay-TV broadcasting service via satellite
to the general public after 2017, but not exclusively,” the ministry
said in reply to a question from Hasan Arifin (BN-Rompin) who wanted to
know whether the government would continue with the exclusive rights for
Astro that would expire next year.

In addition, the ministry said other companies could begin applying
to purchase pay-TV broadcasting services via satellite after February
28, 2017.- FMT News, 1/12/2015

Upon his return from the United Kingdom, in 1950, Tun Razak joined the Malayan Civil Service.[1] Owing to his political calibre, he became the youth chief for United Malays National Organisation (UMNO). Two years later, he worked as the Assistant State Secretary of Pahang and in February 1955...

Tun Hussein came back to Malaysia in 1945 and was appointed Commandant of the Johor Bahru Police Depot. The following year he joined the Malaya Civil Service as an assistant administrative officer in Segamat, Johor. He was later posted to the state of Selangor, becoming Klang and Kuala Selangor's district officer.

NUTP to teachers: Heed Mahdzir’s warning

Sheith Khidhir Bin Abu Bakar

|
March 28, 2017

'You cannot work for the government and talk bad about it.'

PETALING JAYA: The National Union of the Teaching Profession (NUTP)
has given its support to Education Minister Mahdzir Khalid’s
denunciation of teachers who publicly criticise the Putrajaya
administration.

Speaking to FMT, NUTP president Kamarozaman Abdul Razak said teachers
must be reminded that they had signed an oath that they would not
criticise the government in public.

“You cannot work for the government and then talk bad about your
employer,” he said. “This is hypocritical and it’s against the oath we
took as civil servants.”

However, he acknowledged that teachers had the right to participate
in politics although they must apply for permission from the Education
Ministry. Furthermore, their speeches must be based on hard facts, he
added.

“Teachers are allowed to engage in politics, become members of
political parties and even become candidates as long as they ask for and
get permission to do so,” he said.

“Nowadays, however, teachers who engage in politics do so without the
ministry’s knowledge and the politics they play is unprofessional and
gutter-like.”

When asked what he thought of teachers who refrained from talking
about politics in the classroom but were politically active outside, he
said, “When you’re teachers, what you do outside of classrooms also
counts.

“Most students follow politics and if they find out their teachers
said something about the government, then they’re going to be wondering
what’s going on.”

A Bernama report earlier quoted Mahdzir as saying that teachers who
were critical of the government should resign or face the consequences. - FMT News, 28/3/2017

Five teachers to get show cause letters for participation in Opposition activities

KUALA LUMPUR: The government will issue show-cause letters to five teachers who are active in opposition political party activities.

Education Minister Datuk Seri Mahdzir Khalid said although they have
breached the civil servants' code of conduct, they will be given a
chance to explain themselves.

"Civil servants are subject to the General Order of the civil
service, there are rules in regards to the conduct of civil servants.

"My advice is, if you support the Opposition, show some class
(beradat). Don't go overboard and resort to insults and inappropriate
words," Mahdzir told a press conference after an event at the Impian
KLCC Hotel here today.

Mahdzir said the teachers in question hold party posts in the
Opposition and have literally taken the stage in their events to
criticise the government.

He said teachers have the right to support whomever they want but reminded them that they are bound by the General Order.

Mahdzir also said teachers have freedom of speech and the right to
criticise, including on social media, as long as their statements are
not slanderous.

"We are a democracy. If you say on social media 'the government is
wrong, the minister is wrong and this should be done instead', that is
fine.

"But if you go to the extent of slander, then that is wrong. Just don't go overboard," he said.

Mahdzir added the teachers are still working as usual and action, if
any, will only be taken after internal investigations are completed. - The Sun Daily, 27/3/2017

KUALA
LUMPUR (29 MARCH 2017) - The Human Rights Commission of Malaysia
(SUHAKAM) concluded its independent investigation into the death of
Balamurugan M Suppiah (S.Balamurugan) who died at the North Klang
District Police Headquarters on 7 February 2017. According to the
police, he was found unconscious in a temporary holding area for
detainees at about 11.30pm. SUHAKAM begun its investigation in
accordance with sections 4(1) and 12 of the Human Rights Commission of
Malaysia Act 1999 on 10 February 2017, and in the interest of public
truth. Through interviews and statements recorded from 43 witnesses,
SUHAKAM identified several areas of concern that continue to arise in
relation to deaths in police custody.

At
the outset, SUHAKAM reiterates that the right to life is the most
fundamental human right, within which no derogation is permissible. As
guaranteed in Article 5(1) of the Federal Constitution and recognised in
Article 3 of the Universal Declaration of Human Rights and Article 6 of
the International Covenant on Civil and Political Rights, the right to
life is a prerequisite to the realisation of all other human rights.

The
deceased was arrested with two other suspects at around 6.30pm on 6
February 2017 and taken to the Bandar Baru Klang Police Station. During
its investigation, SUHAKAM was informed of alleged ill-treatment and
beatings of all suspects by the police between 7.30pm to 9.30pm at the
police station. Before he were taken to the North Klang District Police
Headquarters, the deceased was allegedly hit on the ears, beaten on his
feet and legs and punched and kicked in his chest. SUHAKAM was informed
that the deceased was shivering and not able to walk when he was sent to
the Shah Alam Centralised Lock Up at approximately 4.10am the next
morning. The suspects were produced before the Klang Magistrate’s Court
at around 10.00am on 7 February 2017 for an application for further
remand. The remand for the deceased was refused and the Magistrate
directed the police to take him for immediate medical treatment.

SUHAKAM
interviewed the Magistrate on 23 February 2017 and was informed that
the deceased had a swollen face and eyes and was unable to sit up, stand
or even hold his head up when his name was called in her Court.
Although the police had the opportunity to take the deceased to the
hospital, they failed to do so and took him back to the North Klang
District Police Headquarters at about 1.15pm. SUHAKAM was informed that
the deceased was shivering again at this point but he was not given any
medical attention. By approximately 6.30pm by which time his detention
became unlawful, S.Balamurugan’s condition had deteriorated severely to
the extent that he had no control from urinating. At approximately
11.30pm, the deceased was found unconscious or presumably dead by the
Investigating Officer. SUHAKAM notes with concern that from
approximately 7.00pm to 11.30pm, the deceased was not monitored or
checked on by the policemen on duty. SUHAKAM considers it to be the duty
of the Investigating Officer to be responsible for the acceptance,
safety, security, health condition and welfare of any person arrested
and detained by the police.

SUHAKAM
wishes to point out that although the police had 24 hours to detain the
deceased, they may have deliberately flouted the Court Order or
wilfully abused their powers when the deceased was taken back to the
North Klang Disctrict Police Headquarters, purportedly for his statement
to be recorded. Evidence show that this was not done and the deceased
was instead held without a reasonable and credible justification.

The
post mortems conducted by Hospital Tuanku Ampuan Rahimah Klang (HTAR)
and Hospital Kuala Lumpur (HKL) both revealed that the cause of death of
S.Balamurugan was coronary artery disease. Of note, the second
pathologist from HKL concluded that the cause of death was coronary
artery disease with blunt force trauma, and the time of death could have
been as early as 9.00pm or 10.00pm.

It
is SUHAKAM’s view that the allegations of ill treatment and torture
corroborate the statements by both pathologists, in that the deceased
had, among others, bruises and swelling on his eyes, a large bruise on
his chest below his right nipple, swelling on his right ear, lacerations
on his ears, injuries on his right chest muscle, blood clots on his
right temple, back injuries and severe muscular injuries to his feet and
ankles. The second pathologist indicated that he also found that the
deceased had obvious bruises on his knees, fingers, back of his left
lower leg, lower back and the back of his thighs.

Both
post mortems revealed that the deceased was suffering from chronic
liver failure and liver cirrhosis. While this is unlikely to be the
cause of death, in the second pathologist’s medical opinion, this was a
possible explanation for the bleeding from the mouth and nose of the
deceased. Both pathologists also concluded that the deceased had a
blocked left artery and was suffering from a severe heart condition, but
it is their medical opinion that the injuries could have triggered a
heart attack or worsened his heart condition leading to his death, given
the severity of the injuries. The HKL pathologist noted that while the
deceased had serious underlying medical concerns, the injuries on his
body could not be ignored as they appeared to be abusive injuries, and
not self-inflicted or accidental in nature.

The
circumstances under which the deceased was detained after the
application for remand by the police was refused were unacceptable. He
had endured approximately a further 9 hours of detention prior to his
death, after he was released by the Court. This in our view demonstrates
a blatant disregard for respect for human life and dignity and the
conditions in which he was held may be inconsistent with the Federal
Constitution (Article 5(1)).

SUHAKAM
is satisfied that the police knew or ought to have known, even more so
when the Magistrate had made her observations and order, of the
existence of a real and immediate risk to the life of the deceased, and
that the police failed to take adequate measures within the scope of
their powers which, judged reasonably, might have been expected to avoid
such a risk. SUHAKAM is of the view that there appears to be serious
breach or wilful disregard of the duty to protect life by the police due
to cumulative failures on their part to provide medical attention to
the deceased. SUHAKAM underlines that where there is an alleged breach
of this duty of care, there is an obligation on the police to
investigate and to carry out an efficient, independent and reasonable
investigation, which must lead to the perpetrators’ identification and
prosecution.

Evidence
from SUHAKAM’s investigation also identified numerous systemic failures
on the part of the police in regard to the treatment of detainees in
police custody, including but not limited to failures to follow the Lock
up Rules 1953, police standard operating procedures, the Court Order
and relevant international human rights norms and standards.

SUHAKAM
reiterates that in accordance with Principle 1 of the United Nations
Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment, “all persons under any form of detention or
imprisonment shall be treated in a humane manner and with respect for
the inherent dignity of the human person”. Principle 6 further states
that “no person under any form of detention or imprisonment shall be
subjected to torture or to cruel, inhuman or degrading treatment or
punishment”. SUHAKAM’s investigation however revealed allegations of
torture, cruel, inhuman and degrading treatment of persons in police
custody. The statements of the other suspects alleged that the police
had during interrogations applied paint thinner and chilli powder on the
body of two of the other suspects including on their genitals. They
claimed to have been beaten with a rubber hose and wooden stick, as well
as with a handcuff chain for their confessions.

Two
suspects arrested in relation to this investigation were below 18.
While the police must observe certain legal rights whenever they arrest
or detain a child suspect, SUHAKAM’s investigation revealed that the
police may have been in breach of section 85 of the Child Act 2001 that
stipulates appropriate arrangements shall be made to prevent a child
while being detained in a police station from associating with an adult
who is charged with an offence. Both suspects who are below 18 were
placed in custody with the deceased who was an adult. According to
section 87 of the same Act, after the arrest of a child, the police
officer or other person making the arrest shall immediately inform a
probation officer and the child’s parent or guardian of the arrest.
SUHAKAM notes that the law in this regard was not complied with.

Despite
a growing awareness of issues concerning the proper treatment of
persons in police custody, the implementation of best practices and
recommendations, particularly from SUHAKAM’s 2016 Death in Custody
Report is seriously lacking. Some recommendations have not been
implemented at all and it is observed that the police are still ignorant
of their duty of care to detainees or the fact that there is a
responsibility on the police to ensure that the individual in their
custody is not deprived of his right to life.

In
accordance with its legal duty, SUHAKAM makes the following
recommendations to the Government of Malaysia and Police Di-Raja
Malaysia (PDRM):

To
ensure that anyone deprived of their liberty is detained lawfully and
in a lawful, recognised and gazetted place of detention in accordance
with the law.

To
investigate cases of abuse and misconduct by the police, including as
described above, and prosecute police officials responsible for the
illegal detention, ill-treatment and/or torture of the deceased which in
his case may have caused and/or contributed to his death.

To
investigate incidents of alleged torture and abuse of the other
suspects by the police, and prosecute police officials responsible.

To
ensure internal disciplinary proceedings and criminal action for
breaches of instructions, including the Court Order relating to the
case.

As
police lock-ups or facilities are not intended for or equipped to handle
suspects who require immediate or sustained medical , SUHAKAM
reiterates its recommendation in its 2016 Report on Death In Custody to
place a custodial medical team in police lockups as well as too review
the 1953 Lock-up Rules.

SUHAKAM
is of the view that the increase in the number of deaths in police
custody warrants an increased scrutiny of the operation and funding of
police lock ups, particularly in relation to health services and general
conditions.

UMNO-BN government have been relying on Malaysia's GROSS DOMESTIC PRODUCT(GDP) to give the impression that all is well in Malaysia but is it true or a lie. Many do not know what really is GDP and how it is calculated, and so I have done some research and hope this will help you understand a bit more.A person with increasing debt is certainly not a person who is economically good. Malaysia's external debt is now RM908.7bil in 2016(according to the government)...and it looks that Malaysia's reserve(US$95bil (RM426.3bil) is not sufficient to cover the debt...

GDP values can be 'manipulated' - one way to do this is allegedly 'pumping in more money' into the economy...Has Malaysia been borrowing and 'pumping in money' to maintain the impression that the current UMNO-BN is doing a 'good' job? The people of Malaysia must start educating themselves ...about the more important realities - and decide for themselves...what they want...Is it Malaysians that are contributing to GDP - or is it really foreign companies? GDP certainly is not reflective of economic wellbeing of Malaysians and their families...

How did Malaysia come to this state - it maybe too simplistic to blame oil prices - more justified to blame the UMNO-BN government ....

GROSS DOMESTIC PRODUCT - A lie or the truth of the well being of the Malaysian people?

Definition: Gross domestic product is the best way to
measure a country's economy. GDP is the total value of everything
produced by all the people and companies in the country. It doesn't
matter if they are citizens or foreign-owned companies. If they are
located within the country's boundaries, the government counts their
production as GDP. - thebalance.com

So, if a German company is situated in Malaysia, and it produces RM1 billion worth of products - we take it into consideration for Malaysia's GDP? In fact, what Malaysians get would only be the salaries of Malaysian workers, the levy and other fees imposed on migrant workers working there, taxes and duties imposed, land tax, 'cukai pintu' , cost of Malaysia's own citizens-made products, profits made by the supply of products by Malaysian-owned companies...What a foreign company produces really do not belong to Malaysia or Malaysians, does it? Likewise what foreigners earn, save for taxes imposed, belongs to foreigners?

Well, GDP has also various different calculation methods, but it should all give the same result. Let's look at what is said to be the most common method of calculation...

Gross domestic product can be calculated using the following formula:

GDP = C + G + I + NX

whereC is equal to all private consumption, or consumer spending, in a
nation's economy, G is the sum of government spending, I is the sum of
all the country's investment, including businesses capital expenditures and NX is the nation's total net exports, calculated as total exports minus total imports (NX = Exports - Imports).

C is consumer spending - Thus, if we spend more it improves our GDP. Well, the government actions and/or failures results in the increase of the cost of living - then naturally the spending increases, would it not? Kopi O Ice used to cost RM1, now it is RM2.30?

G is the sum of government spending - well, then the government simply have to spend more and it will make our GDP look better. It looks at spending, so if Malaysia borrows billions and spends it - it will improve the GDP, irrespective of the rise of Malaysia's debt. Recent Bank Negara report now puts Malaysia's external debt at RM908.7 billion. About two third in foreign currencies, so drop of the ringgit will increase this debt..and 25% of Malaysia's export earning is used to pay back loans and loan interest... In the GDP calculation, it seems to be not bothered about the country's debt - only the spending. So, did Malaysia just simply borrow and borrow more to just to spend more and keep our GDP high? Well, in my opinion, that will mean that the economic well being have really not improved..During the Mahathir era, our debt was stable at about RM40 billion - after Pak Lah and Najib took over, it has been increasing at a dangerous rate - now, according to Bank Negara, it is as high as RM908.7 billion in 2016 - now possibly even higher...

Malaysia’s total
external debt rose 9% to RM908.7bil in 2016, Bank Negara said, which is
equal to 73.9% of the country’s gross domestic product (GDP).

Slightly less than two-thirds of the
country’s external debt are denominated in foreign currencies. About a
third of this debt is made up of interbank borrowings and foreign
currency deposits in local banks.

Meanwhile, the country’s debt service ratio,
or which includes payment of principal and interest, went up to 25% of
its export earnings, compared with 22.6% in 2015 and 19.1% in 2014.- Star, 24/3/2017

I is the sum of the country's investment - not too sure what it means? Are we talking about foreign investment into Malaysia? It includes capital expenditure as well? Would capital expenditure also include wages? But foreign investment is really 'unstable' - because foreign MNCs can so easily run to another country - so, to keep them here, Malaysia has to make Malaysia attractive - low wages, weaker unions, precarious employment (easy fire?easy terminate?), maybe even lower water and electricity tariff? Maybe even lower 'taxes'? Preferential treatment for foreign MNCs without providing the same to locally owned companies, will make it more difficult for locally owned businesses to survive...and they die.

NX is the nation's total net exports - well, it not the money earned by the government by way of taxes, duties, etc. A Japanese company imports materials from overseas, and exports its products - What does Malaysia really gain save for the taxes....?

In short, GDP is far from a real indicator of the economic well-being of Malaysians...For that we need to look at actual earnings of Malaysians, and actual earnings of the Malaysian government through taxes, duties and various fees charged.

What is REAL state of the economic wellbeing of Malaysia and Malaysians - give us the real statistics of Malaysian individuals and family earnings - How many families earn less than RM1,000 per month, How many earn less than RM2,000 and so on... Now all that government generally provide is the MEAN earnings which is the average, and it gives no clear picture when the richest may be earning RM1 billion per month, and the poorest RM50...MEDIAN gives a better indicator, but still not a complete picture, a median is the list of earnings of say 100 persons, lowest to highest - and the median is what the 50th person earns...

Did the UMNO-BN government borrow money to pump it into the Malaysian economy to give us the 'false' impression that Malaysia is doing well? Looking at the ever increasing external debt, that possibility is very real? On the face of it, Malaysia seems to be 'always' growing - but then our debt has skyrocketed. Loans need to be repayed with interest and this government may really not be bothered to what happens to Malaysia in the future...pumping in money into the economy also can result in the increase in the cost of living..Now, Malaysia's expenditure annually to make loan payments and interest have been increasing...

According to standard macroeconomic theory, an increase in the supply
of money should lower the interest rates in the economy, leading to
more consumption and lending/borrowing. In the short run, this should, but does not always, correlate to an increase in total output and spending and, presumably, GDP. The long-run effects of an increase in the money supply are much more
difficult to predict. There is a strong historical tendency for asset
prices, such as housing, stocks, etc., to artificially rise after too
much liquidity enters the economy. This misallocation of capital leads to waste and speculative investments, often resulting in burst bubbles and recession.
On the other hand, it is possible money is not misallocated, and the
only long-term effect is higher prices than consumers normally would
have faced. - Investopedia

Bank negara says that we have international reserves of US$95bil(RM426.3 bil), and I am afraid, as currently at end of 2016, our debt was RM908.7 billion > NOT ENOUGH EVEN TO SETTLE OUR DEBTS? Would that mean, Malaysia may need to sell its lands and assets to settle its debts?

At the end of 2016, Bank Negara’s international reserves stood at US$94.5bil (RM423.9bil).As at Feb 28, 2017, the reserves amounted to US$95bil (RM426.3bil). The central bank said the reserves were
ample to facilitate international transactions and sufficient to finance
8.5 months of retained imports and were equivalent to 1.1 times the
short-term external debt.- Star, 24/3/2017

There have been countries that have shown an increasing GDP but in reality the real situation was bad...There can also be 'lies' - now there are allegations that China is lying about the GDP. What about Malaysia?

What is the real state of economic wellbeing of individuals and families in Malaysia today. Have Malaysians been led to believe that we have been well - when we really are not? Are government borrowings being used to 'pop-up' our GDP?

Sadly, Malaysian politicians (backbenchers and Opposition politicians especially) have mostly not been keeping us all informed about the economic reality of Malaysia - WHY? Incompetent and inefficient? Illiterate about such 'serious' matters? Do we need better politicians and political parties?

UMNO-BN government have been slowly denying us relevant information.

How many Malaysians earn less than RM500? RM1,000? RM1,500?...per month...

How many Malaysian families earn less than RM500? RM1,000? RM1,500?...per month...

What is the poverty line income in Malaysia for an individual? for a family?...Very hard to get this information ...Why? What is the UMNO-BN government hiding?

What is the number of petty crimes like theft, etc - many a times this also is an indication of the economic wellbeing of Malaysians... Petty crimes usually increase when the number of desparate poor that find difficulty earning an income to support themselves and their families...(now we have 'crime index' - and no real statistical details of the number of crimes...) What is the government hiding..

Cost of living has really increased - but at the same time income including wages have not increased at the same rate...hence, have real wages and/or income of Malaysia really gone down...

Many Malaysians are really in debt - they are purchasing things on credit cards and by getting loans...But then, there is a decline on stable employment - regular employment until retirement...Retrenchment have been increasing...and note that when you do not make your monthly payments, you can lose your homes, your cars, your telephone services, etc...

TELL US THE TRUTH - What really is the state of economic wellbeing of Malaysians and their families...We know that Members of Parliament and State Legislative Assembly Persons are earning well...but what about the rest of Malaysians... ?

Bank Negara: External debt remains manageable

PETALING JAYA: The weaker ringgit contributed to the higher cost of foreign debts.

Malaysia’s total external debt rose 9% to
RM908.7bil in 2016, Bank Negara said, which is equal to 73.9% of the
country’s gross domestic product (GDP).

Slightly less than two-thirds of the
country’s external debt are denominated in foreign currencies. About a
third of this debt is made up of interbank borrowings and foreign
currency deposits in local banks.

Meanwhile, the country’s debt service ratio,
or which includes payment of principal and interest, went up to 25% of
its export earnings, compared with 22.6% in 2015 and 19.1% in 2014.

In its 2016 annual report, the central bank
said the country’s external debt remained manageable, given its
currency, maturity and balance sheet profiles.

“The profile of Malaysia’s external debt
remained healthy with more than one-third of total external debt being
denominated in ringgit, thus limiting the risks arising from foreign
exchange fluctuations.

“The remaining portion of the external debt,
which is denominated in foreign currency, is mostly hedged either
naturally using export earnings or through the use of financial
instruments,” it said.

Most of these debts, it said, were offshore
borrowings, which were raised mainly to expand productive capacity and
to improve the managenent of financial resources within corporate
groups.

At the end of 2016, the country’s offshore
borrowings fell to 42.7% of the GDP compared to 60% of GDP during the
Asian Financial Crisis.

Bank Negara said the rollover risks were
also contained, as 58.6% of the total external debt was of medium to
long-term maturity.

“In addition, not all short-term external
debts pose a claim on reserves due to the availability of export
earnings and external assets which enable borrowers to meet external
obligations without necessarily creating a claim on international
reserves,” it said.

At the end of 2016, Bank Negara’s international reserves stood at US$94.5bil (RM423.9bil).

As at Feb 28, 2017, the reserves amounted to US$95bil (RM426.3bil).

The central bank said the reserves were
ample to facilitate international transactions and sufficient to finance
8.5 months of retained imports and were equivalent to 1.1 times the
short-term external debt. - - Star, 24/3/2017

Monday, March 27, 2017

UMNO-BN government just do not trust Malaysian judges - so through laws, they create mandatory death penalty - no chance for the judges to exercise their discretion when it comes to sentencing. To those who really do not deserve, and to those who really deserve - execution....kill them all. Justice - I do not think it is. Our values and principles - well, certainly not - our objective must be the reform of the criminal, not the extinguishing of his/her life..

Well, after a long time, Najib's Cabinet seem agreeable to the abolition of the death penalty for drug offences. Why stop there? Abolish all mandatory death penalty....Why is the UMNO-BN government not ready to do this?

Minister in the Prime Minister's
Department Datuk Seri Azalina Othman, the new de facto Law Minister, during the
Parliamentary session on 2/11/2016 clarified that Malaysia was not just looking
at the mandatory death penalty, but all death penalty. They were considering
possibly replacing the death penalty with life imprisonment. It was indicated
that further studies were to be done, and that. "The decision on the
implementation of the death penalty in this country, either be repealed or
maintained, is a policy matter to be decided by the government based on the
results of the study,"(The Sun Daily, 3/11/2016)

In fact, abolish all death penalty - if we believe in repentance, mercy and reform...It has many times been pointed out that our administration of justice system can make mistakes, and it is greatly unjust to hang an 'innocent' man.

Islam - well, here we are talking about death penalty and mandatory death penalty in what is not Islamic law. So, I am sure that Muslims will also not object to the abolition of the death penalty in Malaysia...

MORATORIUM - no executions until the government completes its study whether to abolish the death penalty or not. No reasonable country will continue killing persons when the country may tomorrow abolish the death penalty...Our Minister in Charge, , have told us that Malaysia is studying

Ex-judges want review of mandatory death penalty

PETALING JAYA: The proposed amendments to
review the mandatory death sentence for drug trafficking will give
judges wider discretion when deciding if a person is to hang, says
former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim.

He said giving judges leeway for dis­­cretion would be a positive move in some circumstances.

“There
are some situations where a crime might not warrant the death penalty.
If this amendment is allowed, judges would be able to use their own
discretion,” he said when met after a legal lecture he delivered
yesterday.

He was responding to the Cabi­net’s agreement to review
the Dange­rous Drugs Act 1952 to allow judges to use their discretion
in sentencing offenders instead of impo­sing the mandatory death
sentence.

Minister in the Prime Minister’s Department Datuk Seri Azalina
Oth­man Said, who made the announcement last week, said the review would
enable judges to mete out suitable sentences in marginal ca­­­ses where
offenders could be jailed instead.

She said the review was presented to the Cabinet on March 1 by Attorney-General Tan Sri Mohamed Apandi Ali.

Ahmad
Fairuz said during his time on the Federal Court bench, the duty of
having to sentence a man to death weighed on the conscience.

Datuk
Seri Nazri Aziz, who was a former minister in charge of law, said
judges would have the option to mete out suitable senten­ces on a
case-by-case basis.

“We always worry that judges do not have other
options than the man­datory death sentence. In some cases, there is not
much evidence, but the judges have no other options but to give the
death penalty,” he said.

Nazri said the move to give jud­ges more discretion over the death penalty in drug trafficking cases was long overdue.

He
said the proposed amendments to provide such discretionary powers to
judges had come during his tenure when he was in charge of the law
portfolio.

“When I was the minister, there were about 240
Malaysians who are suspected to be drug mules all over the world. Some
of their family members came to see me personally and pleaded for
leniency.

“We also can use this to negotiate with other governments who have arrested Malaysians suspected to be drug mules,” he added.

Nazri
said another factor that was considered was that there were cases that
judges who do not wish to mete out death sentences in drug trafficking
cases.

“Some judges do not believe in the death penalty. So when
the case comes before them, although there was enough evidence to impose
a conviction, they will find some technicality to acquit the person,”
he said.

Former court of appeal judge Da­­tuk Mah Weng Kwai, who
is also Su­hakam commissioner, is in fa­­vour of abolishing the death
penalty.

“As for sentencing in cases of Section 39(B) of the
Dangerous Drugs Act 1952, I believe that the grant of judicial
discretion to judges is a step forward,” he said.

Senior criminal
law practitioner Kitson Foong said the move would address cases of drug
mules where the offender might be an innocent carrier.

Lam Thye suggests moratorium on death penalty cases

PETALING JAYA: The Government should
consider whether its review of the mandatory death penalty for drug
trafficking should include making it retrospective on pending cases,
said social activist Tan Sri Lee Lam Thye (pic).

Lee said the proposal for the review under Section 39B of the
Dangerous Drugs Act was timely as this could help prevent a “travesty of
justice”.

Judges, he said, must be given the discretion to mete out suitable sentences on a case by case basis, especially for drug mules.

“While supporting the review of Section 39B, I also hope that the
Government will address the issue raised by lawmakers and legal
practitioners, including whether the move, if approved, could have a
retrospective effect on pending death penalty cases,” he said in a
statement here yesterday.

He also called on the Government to decide whether a moratorium
should be imposed on pending cases so as to ensure justice for those
facing such charges.

Lee was responding to a report in The Star that lawyers and
human rights groups had called for all pending executions to be put on
hold while the decision by the Government to review the death penalty
for drug trafficking was being deliberated.

Last week, Minister in the Prime Minister’s Department Datuk Seri
Azalina Othman Said said that the review would enable judges to mete out
suitable sentences in marginal cases where the offenders could be
jailed instead. She said the review was presented to the Cabinet on March 1 by Attorney-General Tan Sri Mohamed Apandi Ali.

Lee said at the same time, authorities must intensify efforts to
reduce drug trafficking, addiction and other drug-related crimes through
preventive education, adding that “prevention is always better than
cure”.

Citing a report from Amnesty International, he said the death penalty
should only be used for the “most serious crimes” like murder.

Press Release | Judicial Discretion is a Positive Step Towards Abolition of the Death Penalty

Saturday, 25 March 2017 10:57am

The
Malaysian Bar welcomes the announcement by Minister in the Prime
Minister’s Department in charge of legal affairs YB Dato’ Sri Azalina
Othman Said that, following a presentation by Attorney General Tan Sri
Dato’ Sri Haji Mohamed Apandi Haji Ali, the Cabinet has agreed to review
Section 39B of the Dangerous Drugs Act 1952, with a view to removing
the mandatory death penalty and restoring judicial discretion in
sentencing. It has been reported that the Minister has directed that
the necessary legislative amendments be drafted.

It
is prudent and just that the decision regarding whether to impose the
death penalty be left to the discretion of the Judge. The statutory
imposition of the mandatory punishment prohibits Judges from considering
mitigating factors and circumstances that surround each case, before
sentencing. Such mitigating factors can include, and are not limited
to, the offender’s age, rehabilitation goals, past criminal record, role
played in the offence, mental capacity, reparations made, fear of
another person, use of violence, harm done to property or persons, and
degree of cooperation with the authorities. Furthermore, studies have
shown that there is no conclusive evidence of the deterrent value of the
death penalty, particularly in respect of drug offences.

Given
the imminent amendments to the Dangerous Drugs Act 1952, the Malaysian
Bar renews our call to the Government to officially declare and
implement a moratorium on all pending executions. In the interest of
justice and fairness, no executions should be carried out when reforms
are in progress. It is only right that when the reforms come into
effect, they should be applied retrospectively.

While
the proposed review relates only to the mandatory death penalty as
provided in the Dangerous Drugs Act 1952, the Malaysian Bar reiterates
that the death penalty is an extreme, abhorrent and inhumane punishment,
irrespective of the crime committed. There are also provisions for the
imposition of the mandatory death penalty in the Penal Code and
Firearms (Increased Penalties) Act 1971, and of the discretionary death
penalty in the Kidnapping Act 1961.

The
Malaysian Bar calls upon the Government to act swiftly to abolish the
death penalty for all crimes, and to uphold the right to life, which is
absolute, universal and inalienable.

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